I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience.

Case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request are moot for the purposes of determining the fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2018-000780&type=request) * Tracking Number: NARA-NGC-2018-000780 * Requester Name: Emma Best * Date Submitted: 08/13/2018 * Request Status: Submitted * Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of the Records of Independent Counsel James McKay relating to Roger Stone, described on https://www.archives.gov/research/investigations/mckay. I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. Case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires. Sincerely, Emma Best

Thank you for submitting your Freedom of Information Act request to theNational Archives and Records Administration, via the *FOIAOnline*website. We received your request on August 13, 2018.

This office handles FOIA and Privacy Act requests for the National Archivesand Records Administration's *operational* records (records created by thisagency). Because your *FOIAOnline* request is for records that may be*archival* records (records that were created by or originated in adifferent agency but that may have been transferred to the legal custody ofNARA), we have forwarded it to our *Office of Research Services, SpecialAccess and FOIA* staff who handle FOIA requests for archival records.

Since the *Office of Research Services, Special Access and FOIA* does notprocess FOIA requests through *FOIAOnline*, your request has been removedfrom the *FOIAOnline* website and you will be assigned a new trackingnumber by that office within the next 20 business days. If you would liketo follow up with that office directly, please contact them at the addressbelow, or electronically via email.

Please visit our website at www.archives.gov/foia for further informationabout FOIA. On our main website, www.archives.gov, you can learn moreabout the resources we offer to the public, and you can access our onlinecatalog.

Pursuant to the Freedom of Information Act, I hereby request the following records:

Copies of the Records of Independent Counsel James McKay relating to Roger Stone, described on https://www.archives.gov/ research/investigations/mckay.

I am a member of the news media and request classification as such. I have previously written about the government and its activities,with some reaching over 100,000 readers. As such, as I have a reasonableexpectation of publication and my editorial and writing skills are wellestablished. In addition, I discuss and comment on the files online and makethem available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience.

Case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d807, 814-15 (2d Cir. 1994). Courts have held that "qualified because it alsohad “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under thiscriteria, as well, I qualify as a member of the news media.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling myrequest. I would prefer the request filled electronically, by e-mail attachmentif available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Emma Best - *Fee Waiver* - Fee Waiver Requested: Yes - Fee Waiver Reason: courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of thenews media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request are moot for the purposes of determining the fee category. As my primary purpose is to inform about governmentactivities by reporting on it and making the raw data available, I request that fees be waived. - *Expedited Processing* - Expedited Processing Requested: No - Expedited Processing Reason:

Subject: Your Freedom of Information Act request RD 58103 at the National Archives

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Ms. Best--

I am writing in response to your Freedom of Information Act request ofAugust 13, 2018, for records in the custody of the National Archives andRecords Administration. Your request for Independent Counsel James McKayfiles relating to *Roger Stone* was received in this office on August 14,2018, and assigned FOIA case number *RD 58103*.

I have completed a line-by-line review of two folders totaling 4 pages andreleased information to the greatest extent possible. The file has beenredacted to preserve the secrecy of grand jury proceedings per 5 USC 552(b)(3), pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure. Asummary of the results of this review is provided below:

Roger Stone: 4 total pages; 3 pages released in full and 1 page withheld infull.

Because of the small number of pages, I have attached the releasableportions below in .pdf format.

This concludes the processing of your request. If you have additionalquestions concerning my review of this file, please contact me directly atAmanda.Weimer@nara.gov or at (301) 837-0604.

If you are not satisfied with our action on this request, you have theright to file an administrative appeal within ninety (90) calendar daysfrom the date of this letter. Appeals must be in writing and may bedelivered by regular U.S. mail or by e-mail. By filing an appeal, youpreserve your rights under the Freedom of Information Act and present thedeciding agency with an opportunity to review your request and reconsiderits decision. If you submit your appeal by regular mail, it should beaddressed to the Deputy Archivist of the United States (ND), NationalArchives and Records Administration, 8601 Adelphi Road, Room 4200, CollegePark, Maryland 20740-6001. Both the letter and envelope should be clearlymarked “FOIA Appeal.” If you submit your appeal by e-mail, please send itto foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIAAppeal” in the subject line. Please be certain to explain why you believethis response does not meet the requirements of the Freedom of InformationAct. All communications concerning this request should reference FOIA casenumber RD 58103.

If you would like the opportunity to discuss our response and attempt toresolve your dispute without initiating the appeals process, you maycontact our FOIA Public Liaison for assistance:

If you are unable to resolve your dispute through our Public Liaison, theOffice of Government Information Services (OGIS) is the federal FOIAombudsman. OGIS offers mediation services to help resolve disputes betweenFOIA requesters and federal agencies. You may contact OGIS at the followingaddress:

You requested a waiver for reproduction fees ordinarily charged toresearchers.Records transferred to the custody of the National Archives are exempt fromthe fee and fee waiver provisions of the Freedom of Information Act becausea fee schedule was in effect prior to enactment. The applicable sectionstates that “nothing in this subparagraph shall supersede fees chargeableunder a statute specifically providing for setting the level of fees forparticular types of records” (5 U.S.C. 552 (a)(4)(A)(vi)). The relevant feestatute authorizes the National Archives “to charge a fee for making orauthenticating copies or reproductions of materials transferred to theArchivist’s custody.” (44 U.S.C. 2116(c)). The inability to grant therequested fee waiver does not constitute a denial under the terms of theFreedom of Information Act.

If you are not satisfied with our action on this request, you have theright to file an administrative appeal within ninety (90) calendar daysfrom the date of this letter. Appeals must be in writing and may bedelivered by regular U.S. mail or by e-mail. By filing an appeal, youpreserve your rights under the Freedom of Information Act and present thedeciding agency with an opportunity to review your request and reconsiderits decision. If you submit your appeal by regular mail, it should beaddressed to the Deputy Archivist of the United States (ND), NationalArchives and Records Administration, 8601 Adelphi Road, Room 4200, CollegePark, Maryland 20740-6001. Both the letter and envelope should be clearlymarked “FOIA Appeal.” If you submit your appeal by e-mail, please send itto foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIAAppeal” in the subject line. Please be certain to explain why you believethis response does not meet the requirements of the Freedom of InformationAct. All communications concerning this request should reference FOIA casenumber RD 58103.

If you would like the opportunity to discuss our response and attempt toresolve your dispute without initiating the appeals process, you maycontact our FOIA Public Liaison for assistance:

If you are unable to resolve your dispute through our Public Liaison, theOffice of Government Information Services (OGIS) is the federal FOIAombudsman. OGIS offers mediation services to help resolve disputes betweenFOIA requesters and federal agencies. You may contact OGIS at the followingaddress: